by Corinne Murdock | Dec 19, 2023 | News
By Corinne Murdock |
State Rep. Alex Kolodin (R-LD03) and Allyson Miller, former Pima County supervisor, filed a bar complaint against the Cochise County attorney, Brian McIntyre, on Monday.
Kolodin and Miller accused McIntyre of violating Rule 1.6, attorney-client privilege, for revealing privileged advice given to the Cochise County Board of Supervisors in connection with handling the 2022 election results.
The board considered a post-election hand count audit last year; during a public meeting, McIntyre revealed that he’d advised the board against the audit. Kolodin and Miller said the revelation amounted to a violation of attorney-client privilege.
Following the lawsuit against the supervisors — his clients — over the audit, McIntyre also sent a letter to their counsel disclosing a list of laws he believed the supervisors potentially violated. Kolodin and Miller asserted that McIntyre’s letter was unnecessary, crafted in a way to provide legal analysis, and used by the media to the detriment of the supervisors.
For these actions, the pair also accused McIntyre of violating Rules 1.1, requiring competent representation of a client; 1.7, 1.8, and 1.9, prohibiting conflict of interest; and 3.8(f), requiring behavior to promote public confidence in the integrity and impartiality of the legal system.
“It is time for equal justice under law,” posted Kolodin on X.
The complaint comes shortly after the bar put Kolodin on 18 months of probation for representing those challenging the 2020 election results. The State Grand Jury indicted Cochise County Supervisors Peggy Judd and Tom Crosby last month over the 2022 audit controversy, which resulted in a delay of the statewide canvass.
Kolodin says he filed the complaint in order to ensure the equal application of ethical standards, regardless of political alignment.
In a statement to AZ Free News, Kolodin said that McIntyre’s actions were deserving of scrutiny and, if applicable, discipline.
“Equal justice under law is a foundational legal principle,” said Kolodin. “Regardless of the policy preferences we advocate for, the law must be fairly and neutrally applied.”
Miller told AZ Free News that McIntyre should’ve done better to protect the supervisors by handling privileged legal information through an executive session. Miller opined that McIntyre abandoned the supervisors.
“He doesn’t have a right to be a judge,” said Miller.
The former supervisor also asserted that Judd and Crosby abided by the statutory deadline on canvassing, since they certified on Dec. 1 and state law imposes a deadline of the fourth Monday following the general election — or, Dec. 5 — for certification. The statute also allows for the canvass to be postponed “from day to day” for up to 30 days from Election Day until all counties submit their canvasses.
“If the official canvass of any county has not been received on the fourth Monday following the general election, the canvass shall be postponed from day to day, not to exceed thirty days from the date of the election, until canvasses from all counties are received,” reads A.R.S. 16-648(c).
Miller said she felt every official in the state should sign onto their complaint, surmising that McIntyre’s actions set a dangerous precedent for counsel to undermine officials based on political reasons.
“You have a right to be represented in the discharge of your duty,” said Miller.
Kolodin and Miller’s bar complaint prompted a flurry of online commentary from Rep. Paul Gosar (R-AZ-09), who applauded the bar complaint against McIntyre. Gosar pointed out that no Democrat-aligned lawyers were sanctioned under 2000 or 2016 election challenges.
Gosar portrayed Kolodin as one of a class of lawyers punished for representing causes and individuals “disfavored by the regime,” a hallmark of autocracy according to the congressman.
“This form of oppression is well documented by autocrats desperate [to] stop any challenge [to] their legitimacy,” said Kolodin.
State Sen. Wendy Rogers (R-LD07) characterized the bar complaint as an effort to fight back against a disparate system of justice.
“The sword cuts both ways,” said Rogers. “Not taking it lying down anymore.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Daniel Stefanski | Dec 2, 2023 | News
By Daniel Stefanski |
Arizona’s chief law enforcement officer announced a legal action over the 2022 election, angering some of the state’s legislative Republicans.
On Wednesday, Attorney General Kris Mayes revealed that “the State Grand Jury has returned an indictment charging Peggy Suzanne Judd and Terry Thomas ‘Tom’ Crosby with the felony offenses of Interference with an Election Officer and Conspiracy.”
In a statement issued in conjunction with the announcement, Mayes said, “The repeated attempts to undermine our democracy are unacceptable. I took an oath to uphold the rule of law, and my office will continue to enforce Arizona’s elections laws and support our election officials as they carry the duties and responsibilities of their offices.”
According to the indictment, Judd and Crosby are alleged to have “conspired to delay the canvass of votes cast in Cochise County in the November 2022 General Election,” and to have “knowingly interfered with the Arizona Secretary of State’s ability to complete the statewide canvass for the 2022 General Election.”
Democrat Governor Katie Hobbs cheered on the indictments, posting, “To give Arizonans the free & fair elections they deserve, we must hold those who seek to undermine our democracy accountable. Thank you, AG Mayes, for protecting our democracy & enforcing the law without fear or favor.”
Republican lawmakers were not as complimentary toward Mayes. Arizona State Senator Jake Hoffman issued a lengthy statement, attacking the decision and the process for these indictments, calling it “a disgusting weaponization of the AZ Attorney General’s office.” Hoffman said that “this is ELECTION INTERFERERNCE by an extremist AG who wants to chill any future efforts by local election officials to challenge potentially inaccurate elections.” He predicted that these indictments would set a precedent that would be used against other local officials and encouraged Arizona County Supervisors to “leverage every tool you have at your disposal to make it clear to the entire AG’s office that weaponizing Arizona’s government has harsh consequences.”
Both Senator Anthony Kern and Representative Jacqueline Parker threatened Mayes with impeachment for these indictments.
Parker also broached the idea of indicting other County Supervisors around the state to ensure “equal treatment under the law in AZ.”
On the other side of the aisle, Democrat Representative Oscar De Los Santos praised the action, writing, “A grand jury of everyday Arizonans has indicted two MAGA politicians for conspiring to prevent the certification of a free and fair election. Criminals who conspire to undermine our democratic republic and the rule of law must be prosecuted to the fullest extent.”
These Cochise County indictments from the State Grand Jury may be the start of Mayes’ actions against Republicans on the election front. The Democrat Attorney General is believed to be progressing in her investigation over the presidential alternate electors from the Arizona Republican Party in 2020. Not much is known about this investigation or the timeline for any possible indictments, but legal action over this matter would undoubtedly create an exponentially greater firestorm with Republicans than the expressed outrage over the Cochise County indictments.
The growing dispute between the Republican-led legislature and Attorney General’s Office could have major implications for the state’s budget negotiations in 2024. Earlier this year, Attorney General Mayes expressed disappointment over the lack of resources appropriated to her office in the compromise between legislative Republicans and Governor Hobbs. At the time, Mayes said, “Today, we see a budget proposal moving forward that appears to be politically expedient for a few, but wholly inadequate for the majority of people in our state.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Nov 7, 2023 | News
By Daniel Stefanski |
A school bus driver in an Arizona town was arrested for alleged smuggling activity.
Last week, the Chief Patrol Agent of the U.S. Border Patrol’s Tucson Sector, John R. Modlin, posted to “X” that “the Brian A. Terry Station Field Training Unit arrested a U.S. citizen, (who was) caught smuggling migrants inside a bus in Naco, Arizona.”
Chief Modlin added that “vigilant border camera operators played a crucial role in this apprehension after observing suspected migrants enter the bus.”
American citizens play a significant role in cross-border human and drug trafficking. A CATO Institute study in September 2022 found that “over ninety percent of fentanyl seizures occur at legal crossing points or interior vehicle checkpoints, not on illegal migration routes, so U.S. citizens (who are subject to less scrutiny) when crossing legally are the best smugglers.”
In 2019, the Washington Post reported that “more than sixty percent of people convicted of smuggling in federal courts in recent years have been U.S. citizens, the majority of them with little or no criminal history, according to the U.S. Sentencing Commission.” The report added that “U.S. citizens are pulled into smuggling through word of mouth and social media”…and that “smugglers have been recruited by relatives, spouses and friends – even their bosses at work – and typically communicate via cellphone with the migrants and their guides in Mexico.”
Cochise County Sheriff Mark Dannels and former Arizona Attorney General Mark Brnovich warned of the dangers posed to American teenagers, who are highly sought-after targets by cartels and smugglers for illegal couriering activities. In a 2022 op-ed for Fox News, the two officials wrote that “drug cartels are now using SnapChat, Instagram, and other social media apps to recruit American teenagers from around the country to transport migrants and drugs from the border,” and that “high-speed pursuits between these teenagers and local law enforcement have become daily events.”
The two officials concluded their piece by sounding the alarm about the reality on the ground, saying, “As law enforcement officials in our state, we can say with full confidence that we have never seen anything like this crisis at the border and how it is affecting everyday Americans in their communities. While many media outlets have declined to show the American public the disturbing images of increasing high-speed pursuits and other border-related devastation here at home, the death and danger they present are very real; lives are at stake.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Nov 1, 2023 | News
By Daniel Stefanski |
Arizona sheriffs continue to raise concerns about the escalating crisis at America’s southern border, and some of these officials are putting their money where their mouth is.
Last week, the Arizona Sheriffs Association issued a press release to announce that deputies from five state counties would be heading to Cochise County. Those counties were Apache, Coconino, Navajo, Pinal, and Yavapai.
According to the release, the purpose of the deployment is to “help stanch the flow of drug and human smuggling in the state” by “working alongside other law enforcement to curb border related crime.
“Everyday, sheriffs deputies around the state encounter drug and human smugglers in our communities,” Arizona Sheriffs Association president and Yavapai County Sheriff David Rhodes said. “This is not a border region problem but a crisis in all of Arizona.”
Cochise County Sheriff Mark Dannels is happy for the increased support from his colleagues from the Grand Canyon State. In a statement, Dannels said, “We are grateful that law enforcement from across the state are converging in southern Arizona to curb the human and drug smuggling. This show of force sends a strong message to the cartels that Arizona is serious about tackling these criminal gangs.”
The latest efforts to combat the negative effects of a porous border come as a result of the Safe Streets II Task Force out of Cochise County. The Arizona Sheriffs Association shared that this task force, comprised of law enforcement members from local, state and federal agencies, exists to “gather intelligence and attempt to apprehend human and drug smugglers.”
“It is our duty to protect the communities we serve and that starts at the U.S.-Mexico border,” Pinal County Sheriff Mark Lamb said. “For far too long, the border areas have been open to the drug cartels. We must work to shut off these cartels from ruining America.”
“Criminal gangs that smuggle drugs and people across the border often end up in Coconino County and threaten our law enforcement and residents,” Coconino Sheriff Jim Driscoll said. “I’d rather deter those criminals at the border and stop them from using our county as a transit corridor.”
This latest effort from Arizona sheriffs follows their actions taken earlier in the month via letters to Governor Katie Hobbs and legislative leaders, requesting the state to “double its contribution to local law enforcement to allow (sheriffs) to deploy more resources to interdict human and drug smugglers.”
Just last month, a Cochise County Deputy Sheriff was seriously injured as he attempted to stop a suspected smuggler, who was trying to evade apprehension in her vehicle. When talking to local media about the rash of similar incidents plaguing his county and department, Sheriff Mark Dannels said, “Just this week alone, I’ve had a patrol car damaged, I’ve had two officers, deputies that were trying to be run over by smuggler drivers. This is every day down here.”
In May 2022, former Arizona Attorney General Mark Brnovich and Cochise County Sheriff Mark Dannels penned an op-ed for Fox News, detailing how an increasing rash of border-related crimes were affecting southern Arizona communities. The two officials shared a heartbreaking story of how one of these episodes tragically changed the lives of one southern Arizona family forever, writing, “This crisis started to place local law enforcement officials and residents of Cochise County on high alert in October 2021 when law enforcement officials attempted a traffic stop on a 16-year-old from Mesa, who was smuggling migrants in Cochise County in southern Arizona. The teenager suddenly hit the gas, driving over 100 miles per hour through small towns and quiet intersections on a mad dash to avoid apprehension. He eventually ran a red light, smashing into another vehicle and killing Wanda Sitoski, a local grandmother on her way to meet her son for her 65th birthday dinner.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by AZ Free Enterprise Club | Aug 13, 2023 | Opinion
By the Arizona Free Enterprise Club |
Clean and accurate voter rolls are a cornerstone to safe and secure elections. And they are required by both state and federal law. Section 8 of the National Voter Registration Act (NVRA) specifically obligates states to conduct a general program that makes a reasonable effort to remove the names of ineligible voters from the official lists of eligible voters due to death or change of residence. The U.S. Supreme Court even backed this up in its 2018 decision in the case Husted v. A. Philip Randolph Institute.
But Arizona’s current Secretary of State Adrian Fontes and its former Secretary of State (now Governor) Katie Hobbs have failed to perform the necessary voter list maintenance. And right now, 14 Arizona counties are in violation of Section 8 of the NVRA…
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